Mahin Yousuf vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.885 of 2021 of Edathala Police Station, Ernakulam District, alleging commission of offences under Sections 354, 366, 323, 392 and 506(I) of the Indian Penal Code. The allegation against the petitioner is that on account of the de-facto complainant spurning the petitioner, he forcefully took her in a car and molested her and there by committed offences under the aforesaid provisions of law.

The learned counsel for the petitioner submits that the petitioner and the de-facto complainant were in love with each other and that she had voluntarily gone with him in the car. It is submitted that there was no incident of molestation and that the complaint has been falsely foisted on the petitioner.

The learned Public Prosecutor, on instructions, would submit that the de-facto complainant is a law student and it her specific case that she was forced to enter into the car with the petitioner and travel with him, despite the de-facto complainant making it clear that she was not interested in doing so. It is submitted that while in the car the de-facto complainant was subjected to assault and was molested and thereby the petitioner was clearly guilty of the offences alleged against him.

The petitioner has been in custody from 17.11.2021. His mobile phone etc has been recovered and interrogation is also completed. Therefore, I am of the view that the continued detention of the petitioner is not necessary for a proper investigation into the matter.

Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner, I am of the view that the petitioner can be granted bail, subject to strict conditions to ensure that he does not interfere with the investigation in any manner.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall appear before the investigating officer in Crime No.885 of 2021 of Edathala Police Station, Ernakulam District, on every Saturday at 9.00AM until further orders;

(3) The petitioner shall not enter the local limits of Edathala Police Station except for the purpose of complying with condition No.2 above;

(4) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.885 of 2021 of Edathala Police Station, Ernakulam District;

(5) The petitioner shall surrender his passport before the Jurisdictional Court;

(6) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.885 of 2021 of Edathala Police Station, Ernakulam District, may file an application before the Jurisdictional Court for cancellation of bail.